February 19, 2008 - Kansas City Star (MO)

Sentence Corrections Possible In Crack Cocaine Cases

By Mark Morris, The Kansas City Star

Word that thousands of federal inmates nationwide soon may
qualify for shorter sentences in their crack cocaine cases came
as good news for Lucretia Hill of Kansas City.

Hill's 24-year-old son, George Hill, is serving six years
and three months at a federal penitentiary in Indiana for distributing
crack. Because of a recent change in the federal guidelines under
which he was sentenced, George Hill soon could shed up to 15
months from his term.

"I've been praying, and God has answered my prayer,"
Lucretia Hill said. "This is a godsend. It came at the right
time."

Federal courts in western Missouri are preparing to deal with
hundreds of similar requests.

The influx of motions stems from decisions last year by the
U.S. Sentencing
Commission to reduce the prison term disparities between
crack and powder cocaine dating to 1986.

So far, the federal court in Kansas City has received about
40 requests from inmates seeking shorter sentences. As many as
300 inmates sentenced in western Missouri could be eligible,
court officials said.

Nationwide, the commission identified almost 20,000 inmates
who could seek shorter prison terms.

Crack generally is considered more addictive than powder cocaine
because it is smoked, gets into the bloodstream faster than snorted
cocaine and produces a more intense high. More than 20 years
ago, that difference led to longer sentences for crack cocaine.

Because four of every five crack defendants are black and
most defendants in powdered cocaine cases are white, judges complained
that the disparity eroded public confidence in the courts.

Federal law still requires distribution of 100 times as much
powder cocaine as crack cocaine to trigger five- and 10-year
mandatory minimum sentences. In 2000, the average prison sentence
for trafficking powdered cocaine was 74 months. The average for
crack was 117 months.

Late last month, Chief U.S. District Judge Fernando Gaitan
issued an order establishing the sentence-reduction procedure
for western Missouri.

Requests will be funneled to U.S. District Judge Ortrie Smith,
who will make the final decisions after receiving input from
a public defender, two prosecutors and several U.S. probation
officers.

Lists of inmates who are eligible to apply have been drafted
by public defenders, prosecutors, probation officers, the federal
courts and the Sentencing Commission. The federal Bureau of Prisons
also has posted notices informing inmates of the possibility
of shorter sentences, Smith said.

"We don't want to miss anyone," Smith said.

Those who qualify would receive a reduction of no more than
two years from their sentence. The commission estimated last
year that about 3,800 inmates nationwide could be released within
a year after the decision takes effect March 3. In western Missouri,
about 60 inmates could be released in the first few years.

The sentence reductions are not automatic. A variety of factors,
including public safety considerations, will play a role in whether
an inmate qualifies, said Kevin Lyon, the chief probation officer
in Kansas.

Lyon said his office will notify Smith of any public safety
questions that arose either at the offender's initial arrest
or since incarceration.

Gregg Coonrod, an assistant U.S. attorney who is handling
claims for the government, said his office also would watch for
inmates who could present a problem on their release.

"We'll argue over the ones who are worth arguing over,"
Coonrod said.

Though participants say the local effort has been marked by
cooperation, the project has been controversial in Washington.

Attorney General Michael Mukasey has warned about the prospect
of releasing 1,600 possibly violent criminals into ill-prepared
communities in the program's first year. He asked the Congress
to block or alter the Sentencing Commission's decision, though
he said he would support reducing prison time for first-time,
nonviolent offenders.

Senate Democrats rejected Mukasey's request last week.

Locally, Smith said that he might order some inmates released
in the initial years to serve a few months in a federal halfway
house so they can work on their job prospects and develop transition
plans while under close supervision.

"The last thing we want to do is set them up to fail,"
Smith said.

Assistant public defender Laine Cardarella, who will represent
most of the inmates making claims in western Missouri, said she
hoped the process will run smoothly and clients such as George
Hill receive sentences that more fairly fit their crimes.

"We certainly think the new guidelines ranges are a better
reflection of appropriate punishment for these offenses,"
Cardarella said. "We are anxious to help as many people
as we can to be reunited with their families sooner."

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